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HomeMy WebLinkAboutUnlawful Camping (Ch 9.26) - URG Ord 1196 & Ord 1197 i�u -�., .. �.�.��t.:��.:sa�,-�am� .a���:�ra���usq. � � f�t�:�'f'it�� C�+�`��...�..,..�_`��� �,,,�..0 � �.__.� �';:!t�d?�€"�11c�1't� CITY OF PALM DE E�,�r,���-��, z�,� ����g�W lU -�'- C���r� F � __._. DEPARTMENT OF COMMUNITY ����AAEAI��„_ STAFF REPORT REQUEST: Addition of Chapter 9.26, Unlawful Camping, to the Palm Desert Municipal Code. SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: City of Palm Desert DATE: September 24, 2009 CONTENTS: Ordinance No. ii9� Urgency Ordinance No. 1196 Legal Notice RECOMMENDATION: That the City Council waive further reading and: 1. Adopt Urgency Ordinance No. 1196 adding Chapter 9.26 Unlawful Camping to the Palm Desert Municipal Code; and 2. Pass Ordinance No. 1197 to second reading, adding Chapter 9.26 Unlawful Camping to the Palm Desert Municipal Code. EXECUTIVE SUMMARY: Approval of the staff recommendation will enact prohibitions on camping in vehicles, parking lots, bus shelters, parks, and other inappropriate locations within the city so as to promote and protect healthful and sanitary conditions while preserving appropriate recreational opportunities within the community. BACKGROUND: In recent years, the Police, Code Enforcement and Parks Departments have reported an increase in calls for service associated with individuals camping in City parks, bus shelters, and on commercial properties that are not designed to accommodate overnight stays. There have also been instances of an individual living in a vehicle parked on public streets, resulting in complaints from nearby residents. � Camping Ordinance � September 24, 2009 Page 2 of 2 When this camping occurs on properties that are not equipped with waste disposal, restrooms, or shower facilities, a public nuisance is created. Inadequate sanitation results in potential health and hygiene concerns. Use of such inappropriate locations and facilities for overnight camping serves as a deterrent to individuals, businesses and families who want to use the same facilities for business, recreational sports, transportation, and leisure activities. Use of parks and bus shelters by overnight campers also introduces visual blight into the area, and hampers desirable economic activity in the vicinity. Enactment of the subject ordinance will help to maintain public and private streets and developed and undeveloped areas within Palm Desert in a clean, safe and accessible condition for residents and visitors. It will promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community. It will also discourage or prevent the secondary impacts of vagrancy such as crime, visual blight, poor sanitation, and disease. Exceptions to the camping prohibition are provided for any public or commercial campground legally and lawfully approved and permitted. Camping on private streets within gated communities will continue to be enforced by homeowner associations. Enforcement on private streets that are not behind gates will be led by Code Enforcement. Adoption of the urgency ordinance is recommended because the return of moderate seasonal weather conditions is likely to result in an increased demand for services associated with the subject camping. The urgency ordinance would allow for immediate enforcement of prohibitions on unlawful camping. ENVIRONMENTAL REVIEW: This project is an administrative activity of a governmental body and is not a physical change to the environment and, therefore, is exempt from CEQA. The Director of Community Development has determined that no further environmental review is necessary. Submitted b : Lauri Aylaian Director of Community Development Ap oval. e�i� /�A �� ' "L,ti'`� Jo M. Wohlmuth Manager W:Wgenda Items�2009-09-24\Camping Ordinance\Staff Report Camping Ordinance 09-24-09.doc ORDINANCE NO. 1196 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.26 REGARDING UNLAWFUL CAMPING TO THE PALM DESERT MUNICIPAL CODE. WHEREAS, the City of Palm Desert is authorized to implement amendments to its current ordinances; and WHEREAS, Government Code Section 36937(b) authorizes the City Council to adopt urgency ordinances that are effective immediately, when necessary, for the immediate preservation of public peace, health and safety; and WHEREAS, Government Code Section 36937(b) requires that urgency ordinances be passed by four-fifths vote of the City Council; and WHEREAS, all the legal prerequisites relating to the adoption of this Urgency Ordinance have occurred; NOW THEREFORE, the City Council of the City of Palm Desert does ordain as follows: SECTION 1. The City Council hereby incorporates by reference the recitals of this Urgency Ordinance and finds that the adoption of this Urgency Ordinance regarding unlawful camping is necessary to prevent a current and immediate threat to the public peace, public health, and safety in that there is an immediate and recurring problem within the City of unlawful camping in public and private areas resulting in crime, visual blight, poor sanitation, disease and discouragement of desirable economic activity and economic development. SECTION 2. Chapter 9.26 of the Palm Desert Municipal Code is added to read as follows: "Chapter 9.26 UNLAWFUL CAMPING Sections: 9.26.000 Findings and purpose 9.26.010 Definitions 9.26.020 Prohibited acts 9.26.030 Storage of personal property in public places 9.26.040 Exceptions 9.26.050 Enforcement ' ORDINANCE NO. 1196 Section 9.26.000 Findings and purpose The purpose of this chapter is to maintain public and private streets and developed and undeveloped areas within the city in a clean, safe and accessible condition for residents and the public at large; to promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community; and to discourage or prevent the secondary impacts of vagrancy such as crime, visual blight, poor sanitation, disease and discouragement of desirable economic activity and economic development while accommodating circumstances of necessity. Section 9.26.010 Definitions Unless the particular provisions or context requires otherwise, the definitions contained in this section shall govern the construction, meaning and application of words and phrases in this chapter. "Camp" means to pitch, sleep in or occupy camp facilities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile. "Camp" shall not mean the use of any facilities or equipment which are used solely in connection with a special event or temporary use conducted in accordance with a permit by the City under other provisions of this code. "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters, trailers, and any other vehicle. "Camp paraphernalia" includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks or barbeques, open fires, portable stoves or other cooking equipment not provided or approved by the City. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. Section 9.26.020 Prohibited Acts A. It shall be unlawful for any person to camp in the following areas within the city, except as otherwise provided: 1. Any public or private street or right-of-way, including sidewalks, bus stops and public landscaping; 2. Any parking lot, yard, building set-back, vacant land, open space or any other area open or accessible to the public, improved or unimproved. 3. In, on, under, or adjacent to any structure not intended for human occupancy, whether with or without bedding including, but not limited to, a tent, hammock or other similar protection or equipment; and 4. In, on, under, or adjacent to a parked vehicle on any public or private property including, but not limited to, an automobile, bus, truck, camper, trailer or recreational vehicle. 2 ' ORDINANCE NO. 1196 B. It shall be unlawful for any person to urinate or defecate on public or private property in an area exposed to public view or on any public street, sidewalk, alley, park or any other public place except in a public restroom. Section 9.26.030 Storage of personal property in public places It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided: A. Any park; B. Any street or right of way, including sidewalks, bus stops and public landscaping; C. Any parking lot, yard, building set-back, vacant land, open space or any other area open or accessible to the public, improved or unimproved. Section 9.26.040 Exceptions A. This chapter shall not apply to camping in a public or commercial campground legally and lawfully approved and permitted for that purpose and in compliance with all laws, regulations and conditions of approval for such a facility. Section 9.26.050 Enforcement A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of the chapter for failing to comply with any of the requirements is deemed guilty of an infraction in accordance with Chapter 1.12 of this code. B. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable a provided in this chapter. C. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. D. Any citation issued for a violation of this chapter may be dismissed upon review by the city manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action." SECTION 3. Severability If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, 3 ' ORDINANCE NO. 1196 subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 4. Compliance with California Environmental Quality Act This ordinance complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07, the ordinance is exempt because there is no possibility that the adoption of the ordinance will have any significant negative effect on the environment. SECTION 5. Adoption This Urgency Ordinance, as adopted by the necessary four-fifths (4/5) vote of the members of this City Council, pursuant to Government Code Sections 36934 and 36937 shall take effect immediately upon its adoption. SECTION 6. Publication The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Urgency Ordinance once within fifteen (15) days of adoption in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: � RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN, City Attorney 4 ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.26 REGARDING UNLAWFUL CAMPING TO THE PALM DESERT MUNICIPAL CODE. The City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. Chapter 9.26 of the Palm Desert Municipal Code is added to read as follows: "Chapter 9.26 UNLAWFUL CAMPING Sections: 9.26.000 Findings and purpose 9.26.010 Definitions 9.26.020 Prohibited acts 9.26.030 Storage of personal property in public places 9.26.040 Exceptions 9.26.050 Enforcement Section 9.26.000 Findings and purpose The purpose of this chapter is to maintain public and private streets and developed and undeveloped areas within the city in a clean, safe and accessible condition for residents and the public at large; to promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community; and to discourage or prevent the secondary impacts of vagrancy such as crime, visual blight, poor sanitation, disease and discouragement of desirable economic activity and economic development while accommodating circumstances of necessity. Section 9.26.010 Definitions Unless the particular provisions or context requires otherwise, the definitions contained in this section shall govern the construction, meaning and application of words and phrases in this chapter. "Camp" means to pitch, sleep in or occupy camp facitities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile. "Camp" shall not mean the use of any facilities or equipment which are used solely in connection with a special event or temporary use conducted in accordance with a permit by the City under other provisions of this code. � ORDINANCE NO. 119� "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters, trailers, and any other vehicle. "Camp paraphernalia" includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks or barbeques, open fires, portable stoves or other cooking equipment not provided or approved by the City. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. Section 9.26.020 Prohibited Acts A. It shall be unlawful for any person to camp in the following areas within the city, except as otherwise provided: 1. Any public or private street or right-of-way, including sidewalks, bus stops and public landscaping; 2. Any parking lot, yard, building set-back, vacant land, open space or any other area open or accessible to the public, improved or unimproved. 3. In, on, under, or adjacent to any structure not intended for human occupancy, whether with or without bedding including, but not limited to, a tent, hammock or other similar protection or equipment; and 4. In, on, under, or adjacent to a parked vehicle on any public or private properry including, but not limited to, an automobile, bus, truck, camper, trailer or recreational vehicle. B. It shall be unlawful for any person to urinate or defecate on public or private property in an area exposed to public view or on any public street, sidewalk, alley, park or any other public place except in a public restroom. Section 9.26.030 Storage of personal property in public places It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided: A. Any park; B. Any street or right of way, including sidewalks, bus stops and public landscaping; C. Any parking lot, yard, building set-back, vacant land, open space or any other area open or accessible to the public, improved or unimproved. Section 9.26.040 Exceptions A. This chapter shall not apply to camping in a public or commercial campground legally and lawfully approved and permitted for that purpose and in compliance with all laws, regulations and conditions of approval for such a facility. 2 • ORDINANCE NO. 1197 Section 9.26.050 Enforcement A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of the chapter for failing to comply with any of the requirements is deemed guilty of an infraction in accordance with Chapter 1.12 of this code. B. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable a provided in this chapter. C. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. D. Any citation issued for a violation of this chapter may be dismissed upon review by the city manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action." SECTION 2. Severability If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 3. Compliance with California Environmental Quality Act This ordinance complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60", in that pursuant to Section 3.07, the ordinance is exempt because there is no possibility that the adoption of the ordinance will have any significant negative effect on the environment. SECTION 4. Publication The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and 3 � ORDINANCE NO. 119� circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN, City Attorney 4 CIIY OF PNI �I DESERT 73-5�o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-257a .�..� TEL: 760 346—o6i� Fnx: 76o 34t-7o98 infoC�palm-desert.org CITY OF PALM DESERT LEGAL NOTICE NOTICE OF INTENT TO ADD CHAPTER 9.26, UNLAWFUL CAMPING, TO THE PALM DESERT MUNICIPAL CODE PROJECT DESCRIPTION: The City of Palm Desert is proposing an amendment to Title 9, Public Peace, Morals and Welfare, of the Palm Desert Municipal Code. This amendment would add Chapter 9.26, Unlawful Camping, to the existing municipal code of ordinances in order to prohibit camping in vehicles, parks, parking lots, bus shelters, and other inappropriate locations within the city, so as to promote and protect healthful and sanitary conditions while preserving appropriate recreational opportunities within the community. PROJECT LOCATION: City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday, September 24, 2009 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed addition to the municipal code is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 11, 2009 City of Palm Desert, California ,s �,PRIN7E0 OX 4E(YCLED PAIfA